LAWS(TLNG)-2024-5-3

CHOWDAVARAPU KESAVA RAO Vs. STATE OF TELANGANA

Decided On May 09, 2024
Chowdavarapu Kesava Rao Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This writ petition is filed seeking the following relief:

(2.) The petitioner claims to be the owner and possessor of House in Plot No.71 bearing H.No.9-15/2WP, Sy.No.198 to 2023 admeasuing 150 sq.yards, Road No.6A, Dwarakapuram, Chaitanyapuri, Hyderabad. It is the case of the petitioner that the respondent Municipal Corporation has issued show cause notice vide File No.15/2/UC/C5/LBNZ/GHMC/2024, dtd. 19/4/2024 directing him to remove the unauthorised construction made by him contrary to the sanctioned plan. It is the further case of the petitioner that soon after the receipt of show cause notice, he submitted detailed explanation dtd. 26/4/2024 stating that he constructed a room for accommodation of watchman and extension of slab for protection from heat. The grievance of the petitioner is that pending consideration of the said explanation, the respondents are forcing the petitioner to remove the alleged deviations/unauthorised constructions to the House bearing H.No.9-15/2WP.

(3.) Sri Durga Prasad, learned Standing Counsel appearing for the respondents on instructions submits that the respondent Municipal Corporation, having found that the petitioner proceeded with the construction in deviation of the sanctioned plan, issued show cause notice dtd. 19/4/2024 and since the explanation submitted by the petitioner stating that he had constructed the room in the stilt portion to accommodate the watchman is not satisfactory, they have passed orders dtd. 3/5/2024 directing the petitioner to remove unauthorised/illegal constructions carried on by him contrary to the sanctioned plan.